Special Observances: Bahrain–U.S. Free Trade Agreement and Caribbean Basin Economic Recovery Act; Adjustments and Modifications (Proc. 8596), 68151-68165 [2010-28116]

Agencies

[Federal Register: November 4, 2010 (Volume 75, Number 213)]
[Presidential Documents]               
[Page 68151-68165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no10-121]                         


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Part IV





The President





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Proclamation 8596--To Adjust the Rules of Origin Under the United 
States-Bahrain Free Trade Agreement, Implement Modifications to the 
Caribbean Basin Economic Recovery Act, and for Other Purposes



Proclamation 8597--National Adoption Month, 2010


                        Presidential Documents 




___________________________________________________________________

Title 3--
The President

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                Proclamation 8596 of November 1, 2010

 
                To Adjust the Rules of Origin Under the United 
                States-Bahrain Free Trade Agreement, Implement 
                Modifications to the Caribbean Basin Economic Recovery 
                Act, and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. In Presidential Proclamation 8097 of December 29, 
                2006, pursuant to the authority provided in section 
                1206(a) of the Omnibus Trade and Competitiveness Act of 
                1988 (19 U.S.C. 3006(a)) (the ``1988 Act''), the 
                President modified the Harmonized Tariff Schedule of 
                the United States (HTS) to reflect amendments to the 
                International Convention on the Harmonized Commodity 
                Description and Coding System (the ``Convention'').

                2. Presidential Proclamation 8039 of July 27, 2006, 
                implemented the United States-Bahrain Free Trade 
                Agreement (USBFTA) with respect to the United States 
                and, pursuant to section 101(a) of the United States-
                Bahrain Free Trade Agreement Implementation Act (the 
                ``USBFTA Implementation Act'') (Public Law 109-169, 119 
                Stat. 3581) (19 U.S.C. 3805 note), incorporated in the 
                HTS the schedule of duty reductions and rules of origin 
                necessary or appropriate to carry out the USBFTA.

                3. In order to ensure the continuation of the staged 
                reductions in rates of duty for originating goods from 
                Bahrain in categories that were modified to conform to 
                the Convention, the President proclaimed in 
                Presidential Proclamation 8097 modifications to the HTS 
                that he determined were necessary or appropriate to 
                carry out the duty reductions proclaimed in 
                Proclamation 8039.

                4. Bahrain is a party to the Convention. Because the 
                substance of changes to the Convention are reflected in 
                slightly differing form in the national tariff 
                schedules of the parties to the USBFTA, the rules of 
                origin set out in Annexes 3-A and 4-A of that Agreement 
                must be changed to ensure that the tariff and certain 
                other treatment accorded under the USBFTA to 
                originating goods will continue to be provided under 
                the tariff categories that were modified in 
                Proclamation 8097. The USBFTA parties have agreed to 
                make these changes in a protocol to the USBFTA, which 
                will go into effect on November 1, 2010.

                5. Section 202 of the USBFTA Implementation Act 
                provides certain rules for determining whether a good 
                is an originating good for purposes of implementing 
                tariff treatment under the USBFTA. Section 202(j)(1)(A) 
                of the USBFTA Implementation Act authorizes the 
                President to proclaim the rules of origin set out in 
                the USBFTA and any subordinate categories necessary to 
                carry out the USBFTA, subject to certain exceptions set 
                out in section 202(j)(2)(A).

                6. I have determined that modifications to the HTS 
                proclaimed pursuant to section 202 of the USBFTA 
                Implementation Act and section 1206(a) of the 1988 Act 
                are necessary or appropriate to ensure the continuation 
                of tariff and certain other treatment accorded 
                originating goods under tariff categories modified in 
                Proclamation 8097 and to carry out the duty reductions 
                proclaimed in Proclamation 8039.

[[Page 68154]]

                7. Section 213A of the Caribbean Basin Economic 
                Recovery Act (19 U.S.C. 2703a) (CBERA), as amended by 
                the Haiti Economic Lift Program Act of 2010 (Public Law 
                111-171, 124 Stat. 1194) (19 U.S.C. 2701 note) (the 
                ``HELP Act''), provides that preferential tariff 
                treatment may be provided for apparel and other 
                articles originating in Haiti that are imported 
                directly from Haiti or the Dominican Republic into the 
                customs territory of the United States.

                8. In order to implement the tariff treatment provided 
                for under the CBERA, as amended, it is necessary to 
                modify the HTS.

                9. Proclamation 7987 of February 28, 2006, implemented 
                the Dominican Republic-Central America-United States 
                Free Trade Agreement (CAFTA-DR). There was a technical 
                error in the form of an inadvertent omission from Annex 
                I of Publication 3829 of the United States 
                International Trade Commission (USITC) entitled 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States to Implement the Dominican Republic-
                Central America-United States Free Trade Agreement With 
                Respect to El Salvador,'' which was incorporated by 
                reference into Proclamation 7987.

                10. I have determined that a technical correction to 
                general note 29 to the HTS is necessary to provide the 
                tariff and certain other treatment accorded under the 
                CAFTA-DR to originating goods.

                11. In Proclamation 8097 two technical errors were made 
                in U.S. note 2 to subchapter XVII of chapter 98 of the 
                HTS as set forth in Annex I of Publication 3898 of the 
                USITC entitled ``Modifications to the Harmonized Tariff 
                Schedule of the United States Under Section 1206 of the 
                Omnibus Trade and Competitiveness Act of 1988,'' which 
                was incorporated by reference into Proclamation 8097.

                12. I have determined that technical corrections to 
                U.S. note 2 to subchapter XVII of chapter 98 of the HTS 
                are necessary to provide the intended tariff treatment.

                13. Proclamation 8405 of August 31, 2009, modified 
                certain rules of origin of the North American Free 
                Trade Agreement (NAFTA). Technical errors, including an 
                inadvertent omission, were made in the modifications to 
                general note 12 to the HTS as provided in Annex I of 
                Publication 4095 of the USITC entitled ``Modifications 
                to the Harmonized Tariff Schedule of the United States 
                to Adjust Rules of Origin Under the North American Free 
                Trade Agreement,'' which was incorporated by reference 
                into Proclamation 8405.

                14. I have determined that technical corrections to 
                general note 12 to the HTS are necessary to provide the 
                tariff and certain other treatment accorded under the 
                NAFTA to originating goods.

                15. Section 604 of the Trade Act of 1974, as amended 
                (the ``1974 Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of the 
                provisions of that Act, and of other Acts, affecting 
                import treatment, and actions thereunder, including the 
                removal, modification, continuance, or imposition of 
                any rate of duty or other import restriction. Section 
                1206(c) of the 1988 Act, as amended (19 U.S.C. 
                3006(c)), provides that any modifications proclaimed by 
                the President under section 1206(a) of that Act may not 
                take effect before the thirtieth day after the date on 
                which the text of the proclamation is published in the 
                Federal Register.

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by virtue of the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including but not limited to 
                section 1206(a) of the 1988 Act, section 202 of the 
                USBFTA Implementation Act, section 213A of CBERA, as 
                amended, and section 604 of the 1974 Act, do proclaim 
                that: (1) In order to reflect in the HTS the 
                modifications to the rules of origin under the USBFTA 
                once those modifications go into effect, general note 
                30 to the HTS is modified as provided in Annex I to 
                this proclamation.

[[Page 68155]]

                (2) In order to implement the tariff treatment provided 
                for in section 213A of CBERA, as amended, the HTS is 
                modified as set forth in Annex II to this proclamation.

                (3) In order to make the technical corrections to 
                general note 29 to the HTS, the HTS is modified as set 
                forth in paragraph 1 of Annex III to this proclamation.

                (4) In order to make the technical corrections to U.S. 
                note 2 to subchapter XVII of chapter 98 of the HTS, the 
                HTS is modified as set forth in paragraph 2 of Annex 
                III to this proclamation.

                (5) In order to make technical corrections to general 
                note 12 to the HTS, the HTS is modified as set forth in 
                paragraph 3 of Annex III to this proclamation.

                (6) The modifications and technical rectifications to 
                the HTS set forth in Annex I to this proclamation shall 
                be effective with respect to goods entered, or 
                withdrawn from warehouse for consumption, on or after 
                the later of (i) November 1, 2010, or (ii) the 
                thirtieth day after the date of publication of this 
                proclamation in the Federal Register.

                (7) The modifications to the HTS set forth in Annexes 
                II and III to this proclamation shall be effective with 
                respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after the dates 
                provided in those Annexes.

                (8) Any provisions of previous proclamations and 
                Executive Orders that are inconsistent with the actions 
                taken in this proclamation are superseded to the extent 
                of such inconsistency.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                first day of November, in the year of our Lord two 
                thousand ten, and of the Independence of the United 
                States of America the two hundred and thirty-fifth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2010-28116
Filed 11-3-10; 11:15 am]

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